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201 records in EU in 2022

Records

Record· TJCELEX 62017TJ0344decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Latam Airlines Group SA and Lan Cargo SA v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Limitation period – Ne bis in idem principle – Principle of non-discrimination – Rights of the defence – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Substantially limited participation – Proportionality – Unlimited jurisdiction.#Case T-344/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0340decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Japan Airlines Co. Ltd v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Article 266 TFEU – Limitation period – Rights of the defence – Non-discrimination – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Substantially limited involvement – Proportionality – Unlimited jurisdiction.#Case T-340/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0350decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 (Extracts).#Singapore Airlines Ltd and Singapore Airlines Cargo Pte Ltd v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Ne bis in idem principle – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Unlimited jurisdiction.#Case T-350/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0337decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 (Extracts).#Air France-KLM v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Attributability of unlawful conduct – Conditions for granting immunity – Equal treatment – Obligation to state reasons – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Proportionality – Unlimited jurisdiction.#Case T-337/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0341decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 (Extracts).#British Airways plc v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Obligation to state reasons – Article 266 TFEU – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Duration of participation in the infringement – Mitigating circumstances – Encouragement of anticompetitive conduct by public authorities – Unlimited jurisdiction.#Case T-341/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0342_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Deutsche Lufthansa AG and Others v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Obligation to state reasons – Effect on trade between Member States – State coercion – Single and continuous infringement.#Case T-342/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0338_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Société Air France v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Conditions for granting immunity – Equal treatment – Obligation to state reasons – Amount of the fine – Value of sales – Gravity of the infringement – Duration of the participation in the infringement – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Proportionality – Unlimited jurisdiction.#Case T-338/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0342decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Deutsche Lufthansa AG and Others v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Obligation to state reasons – Effect on trade between Member States – State coercion – Single and continuous infringement.#Case T-342/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0343decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Cathay Pacific Airways Ltd v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Limitation period – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Encouragement of anticompetitive behaviour by public authorities – Substantially reduced participation – Proportionality – Unlimited jurisdiction.#Case T-343/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0344_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Latam Airlines Group SA and Lan Cargo SA v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Limitation period – Ne bis in idem principle – Principle of non-discrimination – Rights of the defence – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Substantially limited participation – Proportionality – Unlimited jurisdiction.#Case T-344/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0323_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Martinair Holland NV v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Equal treatment – Obligation to state reasons.#Case T-323/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0343_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Cathay Pacific Airways Ltd v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Limitation period – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Encouragement of anticompetitive behaviour by public authorities – Substantially reduced participation – Proportionality – Unlimited jurisdiction.#Case T-343/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· COCELEX 62021CO0659_INFdecided

Order of the Court (Eighth Chamber) of 30 March 2022.#Orbest, SA v CS and Others.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Aircraft’s technical failure caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport.#Case C-659/21.

European Union · Court of Justice of the European Union · 30 March 2022

Record· TJCELEX 62017TJ0324decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#SAS Cargo Group A/S and Others v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Equality of arms – Article 266 TFEU – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Mitigating circumstances – Substantially limited involvement – Aggravating circumstances – Repeated infringement – Unlimited jurisdiction.#Case T-324/17.

European Union · Court of Justice of the European Union · 30 March 2022

Record· COCELEX 62021CO0659decided

Order of the Court (Eighth Chamber) of 30 March 2022.#Orbest, SA v CS and Others.#Request for a preliminary ruling from the Tribunal da Relação de Lisboa.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Aircraft’s technical failure caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport.#Case C-659/21.

European Union · Court of Justice of the European Union · 30 March 2022

Record· CJCELEX 62020CJ0656_INFdecided

Judgment of the Court (Seventh Chamber) of 24 March 2022.#Hermann Albers eK v European Commission.#Appeal – State aid – Concept of ‘aid’ – Public transport of passengers – Offsetting of costs involved in the performance of public service obligations – Transfer of financial resources between public authorities – Obligation for municipal authorities that organise transport to guarantee reduced tariffs for students and apprentices – Lack of an advantage granted by the State to an undertaking – Obligation to notify.#Case C-656/20 P.

European Union · Court of Justice of the European Union · 24 March 2022

Record· CJCELEX 62020CJ0666_INFdecided

Judgment of the Court (Seventh Chamber) of 24 March 2022.#Gesamtverband Verkehrsgewerbe Niedersachsen eV (GVN) v European Commission.#Appeal – State aid – Concept of ‘aid’ – Public passenger transport – Compensating the costs related to the performance of public service obligations – Transfer of financial resources between public authorities – Obligation for the municipal transport authorities to determine reduced tariffs for students and apprentices – No advantage granted by the State to an undertaking – Concept of ‘undertaking’.#Case C-666/20 P.

European Union · Court of Justice of the European Union · 24 March 2022

Record· CJCELEX 62020CJ0656decided

Judgment of the Court (Seventh Chamber) of 24 March 2022.#Hermann Albers eK v European Commission.#Appeal – State aid – Concept of ‘aid’ – Public transport of passengers – Offsetting of costs involved in the performance of public service obligations – Transfer of financial resources between public authorities – Obligation for municipal authorities that organise transport to guarantee reduced tariffs for students and apprentices – Lack of an advantage granted by the State to an undertaking – Obligation to notify.#Case C-656/20 P.

European Union · Court of Justice of the European Union · 24 March 2022

Report· CCCELEX 62021CC0111decided

Opinion of Advocate General Richard de la Tour delivered on 24 March 2022.#BT v Laudamotion GmbH.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Liability of air carriers for death or bodily injuries sustained by passengers – Concept of ‘bodily injury’ – Post-traumatic stress disorder suffered by a passenger during the emergency evacuation of an aircraft.#Case C-111/21.

European Union · Court of Justice of the European Union · 24 March 2022

Record· CJCELEX 62020CJ0666decided

Judgment of the Court (Seventh Chamber) of 24 March 2022.#Gesamtverband Verkehrsgewerbe Niedersachsen eV (GVN) v European Commission.#Appeal – State aid – Concept of ‘aid’ – Public passenger transport – Compensating the costs related to the performance of public service obligations – Transfer of financial resources between public authorities – Obligation for the municipal transport authorities to determine reduced tariffs for students and apprentices – No advantage granted by the State to an undertaking – Concept of ‘undertaking’.#Case C-666/20 P.

European Union · Court of Justice of the European Union · 24 March 2022

Record· COCELEX 62020CO0454_INFdecided

Order of the Court (Sixth Chamber) of 23 March 2022.#Criminal proceedings against AZ.#Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Transport – Directive 1999/37/EC – Registration documents for vehicles – Directive 2014/45/EU – Periodic roadworthiness tests for motor vehicles – Article 49 of the Charter of Fundamental Rights of the European Union – Principles of legality and proportionality of criminal offences and penalties – Driving a motor vehicle which is not duly registered – Penalties – No implementation of EU law – Clear lack of jurisdiction of the Court.#Case C-454/20.

European Union · Court of Justice of the European Union · 23 March 2022

Record· COCELEX 62020CO0454decided

Order of the Court (Sixth Chamber) of 23 March 2022.#Criminal proceedings against AZ.#Request for a preliminary ruling from the Rayonen sad Lukovit.#Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Transport – Directive 1999/37/EC – Registration documents for vehicles – Directive 2014/45/EU – Periodic roadworthiness tests for motor vehicles – Article 49 of the Charter of Fundamental Rights of the European Union – Principles of legality and proportionality of criminal offences and penalties – Driving a motor vehicle which is not duly registered – Penalties – No implementation of EU law – Clear lack of jurisdiction of the Court.#Case C-454/20.

European Union · Court of Justice of the European Union · 23 March 2022

Report· CCCELEX 62021CC0013decided

Opinion of Advocate General Emiliou delivered on 10 March 2022.#Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR).#Request for a preliminary ruling from the Judecătoria Miercurea Ciuc.#Reference for a preliminary ruling – Road transport – Social legislation – Regulation (EC) No 561/2006 – Exceptions – Article 13(1)(b) – Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ – Vehicles effecting carriage within and also outside of that radius.#Case C-13/21.

European Union · Court of Justice of the European Union · 10 March 2022

Report· CCCELEX 62020CC0614decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 10 March 2022.#Lux Express Estonia AS v Majandus- ja Kommunikatsiooniministeerium.#Request for a preliminary ruling from the Tallinna Halduskohus.#Reference for a preliminary ruling – Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Imposition by means of general rules of an obligation to carry certain categories of passenger free of charge – Obligation for the competent authority to grant public service compensation to operators – Calculation method.#Case C-614/20.

European Union · Court of Justice of the European Union · 10 March 2022

Record· CJCELEX 62020CJ0532_SUMdecided

Judgment of the Court (Ninth Chamber) of 24 February 2022.#Alstom Transport SA v Compania Naţională de Căi Ferate CFR SA and Others.#Reference for a preliminary ruling – Directive 92/13/EEC – Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors – Article 1(1) and (3) – Access to review procedures – Article 2c – Time limits for applying for review – Calculation – Review of a decision allowing a tenderer to participate.#Case C-532/20.

European Union · Court of Justice of the European Union · 24 February 2022

Record· CJCELEX 62020CJ0563_SUMdecided

Judgment of the Court (Fourth Chamber) of 24 February 2022.#ORLEN KolTrans sp. z o.o. v Prezes Urzędu Transportu Kolejowego.#Reference for a preliminary ruling – Rail transport – Directive 2001/14/EC – Article 4 – Setting of infrastructure charges by decision of the manager – Article 30(2) – Railway undertakings’ right to bring an administrative action – Article 30(6) – Judicial review of the decisions of the regulatory body.#Case C-563/20.

European Union · Court of Justice of the European Union · 24 February 2022

Record· CJCELEX 62020CJ0451_SUMdecided

Judgment of the Court (Fourth Chamber) of 24 February 2022.#Airhelp Limited v Austrian Airlines AG.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(1) – Scope – Flight with connecting flight departing from and arriving in a third country – Single reservation through a Community air carrier – Stopover in the territory of a Member State – Article 5(1)(c)(iii) and Article 7 – Delayed alternative flight – Taking into account of the actual arrival time for the purposes of compensation.#Case C-451/20.

European Union · Court of Justice of the European Union · 24 February 2022

Record· CJCELEX 62020CJ0563decided

Wyrok Trybunału (czwarta izba) z dnia 24 lutego 2022 r.#ORLEN KolTrans sp. z o.o. przeciwko Prezes Urzędu Transportu Kolejowego.#Odesłanie prejudycjalne – Transport kolejowy – Dyrektywa 2001/14/WE – Artykuł 4 – Ustalanie opłat za infrastrukturę decyzją zarządcy – Artykuł 30 ust. 2 – Przysługujące przedsiębiorstwom kolejowym prawo do wniesienia odwołania w trybie administracyjnym – Artykuł 30 ust. 6 – Kontrola sądowa decyzji organu kontrolnego.#Sprawa C-563/20.

European Union · Court of Justice of the European Union · 24 February 2022

Record· CJCELEX 62020CJ0532decided

Hotărârea Curții (Camera a noua) din 24 februarie 2022.#Alstom Transport SA împotriva Compania Naţională de Căi Ferate CFR SA și alții.#Trimitere preliminară – Directiva 92/13/CEE – Proceduri de achiziții publice ale entităților care desfășoară activități în sectoarele apei, energiei, transporturilor și telecomunicațiilor – Articolul 1 alineatele (1) și (3) – Acces la căile de atac – Articolul 2c – Termene de introducere a unei căi de atac – Calcul – Cale de atac împotriva unei decizii de admitere a unui ofertant.#Cauza C-532/20.

European Union · Court of Justice of the European Union · 24 February 2022

Record· TJCELEX 62019TJ0791_RESdecided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 9 February 2022.#Sped-Pro S.A. v European Commission.#Competition – Abuse of dominant position – Market for rail freight transport services – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Reasonable time – EU interest in pursuing the examination of a complaint – Determination of the authority that is best placed to examine a complaint – Criteria – Manifest error of assessment – Systemic or generalised deficiencies as regards respect for the rule of law – Risk of a breach of a complainant’s rights where a complaint is rejected – Obligation to state reasons.#Case T-791/19.

European Union · Court of Justice of the European Union · 9 February 2022

Record· TJCELEX 62019TJ0791decided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 9 February 2022.#Sped-Pro S.A. v European Commission.#Competition – Abuse of dominant position – Market for rail freight transport services – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Reasonable time – EU interest in pursuing the examination of a complaint – Determination of the authority that is best placed to examine a complaint – Criteria – Manifest error of assessment – Systemic or generalised deficiencies as regards respect for the rule of law – Risk of a breach of a complainant’s rights where a complaint is rejected – Obligation to state reasons.#Case T-791/19.

European Union · Court of Justice of the European Union · 9 February 2022

Record· CJCELEX 62021CJ0020_SUMdecided

Judgment of the Court (Ninth Chamber) of 3 February 2022.#JW and Others v LOT Polish Airlines.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Second indent of Article 7(1)(b) – Special jurisdiction in matters relating to a contract – Concept of ‘place of performance of the obligation in question’ – Contract for the provision of services – Air transport – Flight consisting of a confirmed single booking and performed in several legs by two separate air carriers – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 7 – Right to compensation – Delay on the first leg of the journey – Claim for compensation brought against the air carrier operating that first leg of the journey before the court for the place of arrival of that first flight.#Case C-20/21.

European Union · Court of Justice of the European Union · 3 February 2022

Report· CCCELEX 62020CC0500decided

Opinion of Advocate General Ćapeta delivered on 3 February 2022.#ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – International agreements – Rail transport – Convention concerning International Carriage by Rail (COTIF) – Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI) – Article 4 – Mandatory law – Article 8 – Liability of the manager – Article 19 – Other actions – Jurisdiction of the Court – Damage to locomotives belonging to the carrier resulting from a derailment – Lease of replacement locomotives – Obligation on the infrastructure manager to reimburse leasing costs – Contract extending the parties’ liability by a reference to national law.#Case C-500/20.

European Union · Court of Justice of the European Union · 3 February 2022

Record· CJCELEX 62021CJ0020decided

Judgment of the Court (Ninth Chamber) of 3 February 2022.#JW and Others v LOT Polish Airlines.#Request for a preliminary ruling from the Landgericht Frankfurt am Main.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Second indent of Article 7(1)(b) – Special jurisdiction in matters relating to a contract – Concept of ‘place of performance of the obligation in question’ – Contract for the provision of services – Air transport – Flight consisting of a confirmed single booking and performed in several legs by two separate air carriers – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 7 – Right to compensation – Delay on the first leg of the journey – Claim for compensation brought against the air carrier operating that first leg of the journey before the court for the place of arrival of that first flight.#Case C-20/21.

European Union · Court of Justice of the European Union · 3 February 2022

Report· CCCELEX 62019CC0817decided

Opinion of Advocate General Pitruzzella delivered on 27 January 2022.#Ligue des droits humains ASBL v Conseil des ministres.#Request for a preliminary ruling from the Cour constitutionnelle.#Reference for a preliminary ruling – Processing of personal data – Passenger Name Record (PNR) data – Regulation (EU) 2016/679 – Article 2(2)(d) – Scope – Directive (EU) 2016/681 – Use of PNR data of air passengers of flights operated between the European Union and third countries – Power to include data of air passengers of flights operated within the European Union – Automated processing of those data – Retention period – Fight against terrorist offences and serious crime – Validity – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 21 as well as Article 52(1) – National legislation extending the application of the PNR system to other transport operations within the European Union – Freedom of movement within the European Union – Charter of Fundamental Rights – Article 45.#Case C-817/19.

European Union · Court of Justice of the European Union · 27 January 2022

Report· CCCELEX 62020CC0589decided

Opinion of Advocate General Emiliou delivered on 20 January 2022.#JR v Austrian Airlines AG.#Request for a preliminary ruling from the Landesgericht Korneuburg.#Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Liability of air carriers for death or injury sustained by passengers – Concept of ‘accident’ causing death or injury – Bodily injury suffered during disembarkation – Article 20 – Exoneration of air carrier from liability – Concept of ‘damage suffered caused or contributed to by the negligence or other wrongful act or omission of that injured passenger’ – Fall of passenger not holding on to the handrail of a mobile disembarkation stairway.#Case C-589/20.

European Union · Court of Justice of the European Union · 20 January 2022

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